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BIANCA v. SEARS, ROEBUCK & CO.

No. 55920.

8 Ill. App.3d 116 (1972)

289 N.E.2d 231

ROSEMARY BIANCA, a minor, by her mother and next friend, SHARON L. BIANCA, Plaintiff-Appellee, v. SEARS, ROEBUCK AND COMPANY et al., Defendants-Appellants — (SEARS, ROEBUCK AND COMPANY, Counter-plaintiff, v. OTIS ELEVATOR COMPANY, Counterdefendant.)

Appellate Court of Illinois — First District.

October 17, 1972.

Attorney(s) appearing for the Case

Arnstein, Gluck, Weitzenfeld & Minow, of Chicago, (Louis A. Lehr, Jr., and Eugene J. Kelley, Jr., of counsel,) for appellants Sears, Roebuck & Company.

Lord, Bissell & Brook, of Chicago, (Richard E. Mueller, Thomas W. Dempsey, and Hugh C. Griffin, of counsel,) for appellant Otis Elevator Company.

Kamin, Stanley and Balkin, of Chicago, (Steven J. Bahrmasel and Frank C. Stanley, Jr., of counsel,) for appellee.

Reversed and remanded.

Mr. JUSTICE SCHWARTZ delivered the opinion of the court:

Plaintiff, a minor, sued to recover for personal injuries sustained when her hand was caught in the return rail opening of an escalator in a store owned by defendant Sears, Roebuck and Co. (hereafter referred to as Sears). Sears had contracted with defendant Otis Elevator Co. (Otis) for the maintenance of the escalator, and Sears filed a counterclaim against Otis based on that...

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